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Phony Claim, Assault on Co-Worker Result in 6-Month Sentence

  • State: California
  • Topic: WEST
  • - Popular with: Legal
  • -  1 share

A Southern California man who beat up a co-worker and then filed a workers’ compensation claim over an alleged forklift accident the police say never happened was sentenced to six months in jail after pleading guilty to assault and insurance fraud, according to a report by the Orange County Register.

Randal B. McKay pleaded guilty to felony charges of assault with force likely to produce great bodily injury and filing a false claim for insurance benefits, the Register reports. In addition to the six month sentence, McKay was also ordered to serve five years of formal probation.

The charges stem from a 2014 fight between McKay and a co-worker at Cartel Industries in Irvine.

McKay claimed his colleague tried to hit him with a forklift. While the employer was investigating the claim, McKay punched his co-worker in the head. The victim required eight stitches and suffered a mild concussion from the attack, the Orange County District Attorney’s Office said in March.

On the same day of the assault, McKay filed a report with the Irvine Police Department saying his co-worker intentionally hit him with a forklift. The Police Department investigation determined McKay was not hit with a forklift.

Nonetheless, McKay five days later filed a workers’ compensation claim for injuries he said he sustained after being hit by a forklift. A Workers’ Compensation Appeals Board judge determined McKay was not hit by a forklift and wasn’t injured.

Perjury charges for WCAB testimony in which McKay said he was hit by a forklift, and a second count of filing a false claim, were dismissed as part of the plea agreement, according to the Orange County Register.

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Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
Jason Crow Sep 14, 2017 a 12:09 am PDT

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